01-04-2000 - Code Amendment #290 - Precise Plan Findings & Conditions of Approval Pertaining to Approved Architectural Colors & Materials - General Exemption/9
elemorandum
AGENDA
TO: City Manager and City Council ITEM NO. A -
FROM: Jeffrey W. Collier, Director DATE January 4, 2000
Public Services Department
SUBJECT: CODE AMENDMENT NO.290 - PRECISE PLAN FINDINGS AND
CONDITIONS OF APPROVAL PERTAINING TO APPROVED
ARCHITECTURAL COLORS_ AND MATERIALS
GENERAL EXEMPTION
SUMMARY: This code amendment consists of changes in the zoning regulations intended
to improve the City's ability to review and approve architectural colors and
materials and ensure the maintenance of such design with respect to
commercial and multiple -family residential developments.
BACKGROUND:
On June 8, 1999, the Planning Commission considered this subject in a study session, at which time
staff was directed to prepare a code amendment that will enhance the City's ability to enforce the
use and maintenance of specific architectural' colors and materials. This code amendment is
intended to provide more specificity within the findings ' of fact and conditions of approval for
precise plans regarding consideration to color and materials and maintenance of the approved
combinations.
The City currently regulates the exterior architectural colors and materials used in the design of
projects requiring the approval of a precise plan of design. Precise plans control the physical
development of properties, which addresses the site design and layout, as well as the building
architecture, landscaping and lighting. The City has historically enforced compliance with
approved precise plans on a routine basis.
The City has, however; -recently responded to a situation relating to precise plan enforcement at a
commercial establishment where the business operator painted the roof and other architectural.
features with a color (bright green) in sharp contrast with that previously existing and with other
development in the vicinity. In the City's efforts to enforce changing the color back to that
previously approved or another more compatible color, the City Prosecutor concluded that the City
could not require the reversion to a particular color or even a color range due to the lack of
specificity in the precise plan approval.
DISCUSSION:
The existing provisions for the approval of a precise plan of design identify exterior building
architectural design including colors and materials as an aspect to be considered in the approval
of a project. This code amendment is intended to enhance certain portions of the Zoning Code to
improve the clarity and better define the authority for the regulation of exterior architectural
building colors and materials. It will also provide more specific direction and clarification on
conditions of approval to be placed on precise plans that will contribute to the City's ability to
enforce the construction and maintenance of a project in compliance with the approved plans
including colors and materials.
After reviewing the existing language, it appeared that the existing Code language needed only
slight modification. The following changes are therefore being recommended to accommodate
the above -referenced objectives.
1. Grounds For Approval/Denial. Municipal Code Section 26-229(c) currently states that
the City may, consider and take into account the architectural design, landscaping, colors,
and materials in deciding whether to approve a precise plan. Additional language is
proposed to be added to this section with respect to building massing and articulation, and
Z:\City Council\ccppfindngs.doc
Code Amendment No. 290
Precise Plan Findings and Conditions
January 4, 2000 Page 2
architectural detailing. This was done in order, to provide more detail and specificity as to
the types of design issues that can be considered in the precise plan review process.
2. Conditions of Approval. Municipal Code Section 26-230 currently references the fact
that a precise plan may only be approved subject to other required permits and approvals
(e.g. zone change, variance). This section is proposed to be amended to specifically
indicate that conditions of approval may be placed on precise plans to ensure compliance
with approved plans and exhibits representing the proposed design.
3. Limitations on Administrative Modifications. Municipal Code Section 26-236(b) (and
Section 26-228 by cross-reference) specifies that the Planning Director may
administratively approve minor modifications to precise plans. This section is proposed
to be amended to more clearly indicate .that such administrative changes may only be
approved when they do not change the general character of the development.
In addition to the amended code.language, the ability to enforce approved colors.and materials
also requires that reference be made to the approved colors and materials in the conditions of
approval. It is therefore also proposed that the following condition of approval be included in all
precise plans:
Comply with the approved exterior architectural colors and materials as identified
on Exhibit_, samples of which are identified on the color and materials board
submitted and referenced as Exhibit _. Any future modifications to approved,
architectural colors and materials shall be subject to review and approval by the
City Planner prior to commencing modifications.
The proposed minor alterations to the existing language contained in the West Covina Municipal
Code Sections 26-228, 26-229, 26-230, and 26-236, in conjunction with the inclusion of the
labeling of the exterior architectural colors and materials'and the reference to the architectural
colors and materials board will enable the City to enforce the maintenance of approved building
colors and require City approval for substantive changes.
OPTIONS:
An option to the proposed code amendment would be to maintain the status quo, which could
result in erosion of the City's ability to enforce the maintenance of color schemes and
architectural materials suitable and appropriate for the architectural style of the building(s).
Changes may be made to projects that become detrimental to the visual quality of the community
and thus erode the quality of the built environment.
The City Council may also elect to modify provisions of the proposed code amendment;
however, by State law any modification that was not previously considered by the Planning
Commission must first be referred back to the Commission for its report and recommendation
prior to adoption.
FISCAL IMPACT:
It is not anticipated that the proposed code amendment would result in any significant fiscal
impacts to the City.
ZACity Council\ccppfindngs.doc
Code Amendment No. 290
Precise Plan Findings and Conditions
January 4, 2000 - Page 3
COMISSION DISCUSSION AND RECOMMENDATION:
The Planning Commission considered the proposed code amendment at a public hearing on
November 23, 1999. After discussing the fact that the City already regulates building
architectural appearance for projects requiring a precise plan, and the fact that the proposed code
amendment provides greater clarity regarding the City's ability to enforce maintenance of, or to
review proposed changes to existing developments, the Planning Commission voted 3-0 (two
Commissioners absent) to recommend approval to the City Council.
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council introduce the following
ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFRONIA, AMENDING CERTAIN SECTIONS OF
CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATED TO PRECISE PLAN FINDINGS AND CONDITIONS OF
APPROVAL (CODE AMENDMENT NO.290).
Prepared by:
Bradley D. Dunlap, AICP
Senior Planner
Reviewed & approved by:
W. Collier
Services Director
Dougla'N. McIsaac
City,
annex
Attachments: Draft Ordinance (with changes highlighted)
Draft Ordinance (as proposed)
Planning Commission Report and Resolution
ZACity Counci Rccppfindngs. doe
ORDINANCE NO.
AN .ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
:.WEST COVINA MUNICIPAL 'CODE RELATED. TO PRECISE PLAN
FINDINGS PERTAINING TO APPROVED ARCHITECTURAL.COLORS
AND MATERIALS (CODE AMENDMENT NO. 290.).
WHEREAS, Code Amendment No. 290 is a -City-initiated code: amendment related to
exterior architectural colors and materials for projects requiring the approval of a precise plan;
and
WHEREAS, Chapter.26 of the West Covina Municipal Code (Zoning).should be amended
to provide more specific provisions pertaining to the approval of building + architectural materials
and colors. as a part of a.precise plan to ensure the appropriateness of the; design based on the site's
context in the physical setting; and -
WHEREAS; on June- 8, 1999, the Planning Commission held a study session related to
precise plan findings and conditions of approval; and
WHEREAS, the Planning Commission directed staff to.draft Code Amendment No. 290 to
enhance the City's ability to enforce the use and maintenance- of specific architectural colors and
materials; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 23rd
day of November, 1999,conduct a duly advertised public hearing as prescribed by law, at which
time the Planning. Commission adopted Resolution No. 11-99-4582, recommending to the City
Council approval of Code Amendment No. 290; and
WHEREAS;. the City. Council considered evidence presented by the Planning
Commission, Planning Division, and other interested parties at a duly advertised. public hearing
on the 4"' day of January, 2000; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. Chapter 26 ' of the West Covina Municipal Code (Zoning) should be -amended to modify
the existing language regulating the approval of specific architectural colors and materials
for projects requiring a precise plan
2.: Modifications to the existing language are necessary to provideclarity in the .City's
ability to regulate new and modified building architectural . colors and. materials on
projects requiring a precise plan.
NOW, THERFORE, the City Council .of the City of West Covina; California,. does
hereby ordain as follows:
SECTION NO. 1: Based on the evidence and the findings set ;forth,. Code `Amendment.
No: 290 is hereby found lo be consistent, with 'the West . Covina General Plan and the
implementation'thereof.
SECTION NO.'2: The ro osed action is considered to p p be exempt from the provisions of
the`California Environmental Quality Act CE A pursuant to Section 15061 b 3 of the CE A
Q tY . (.. Q ), p. _ OO Q
Guidelines, in that the proposed action consists of a' code amendment whichdoes not have the
potential for causing a significant effect on the environment.
SECTION NO.3: The City Council of the City of West. Covina hereby amends Chapter 26
of the West Covina Municipal Code as follows:
Z:\City'Council\ORDINSBD\ca290. doc
Ordinance No. ,
Code Amendment No. 290
Precise Plan Findings and Conditions
January 4, 2000 - Page 2
CHAPTER 26. ZONING
Sec. 26-228. Approval or rejection.
Any precise plan of design required by this division may be rejected, approved, modified and approved,
or -approved subject to conditions. Any such precise plan of design after approval, may be amended, in
'the same manner as a,precise plan of design is first approved hereunder, or as provided for in Section
26-236.
(Code 1960, § 10502.03; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-229. Approval or rejection considerations.' .
(a) In the approval or rejection of a precise plan:of design, consideration'shall be given and
restrictions shall be imposed to the extent necessary, in view of the size and shape of the parcel
and the present and proposed zoning. and use of the subject property and the surrounding
property, to permit the same degree of enjoyment of the subject property, but subject to the same
degree of protection of adjoining properties,.as would be accorded in normal circumstances by,,
the standard restrictions imposed by this chapter. The standard restrictions imposed in the
various zones by this chapter relating to the subjects mentioned in section 26-227 are intended as
minimum restrictions necessary in normal circumstances to prevent substantial depreciation of
property values in the vicinity, unreasonable interference with the use and enjoyment ofproperty
in the vicinity by the occupants thereof for lawful purposes and the protection of the public
peace, health, safety and general'welfare. "Normal circumstances" are intended to refer to the
case of a permitted use upon a lot of a normal size and shape surrounded by property in the same
zone as the lot in question.
(b) , If the proposed precise plan of design would substantially depreciate property values in the
vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by
the occupants thereof for lawful purposes or would endanger the public peace, health, safety or
general welfare, such plan shall be rejected or shall be so modified or conditioned before
adoption as to remove said objections.
(c) In addition to the foregoing grounds of rejection, the planning commission and city council, as
the case may be, may also consider and take into account the exterior architectural design,
including, but not limited to one or more of the following: building massing and
articulation, architectural detailing (through the use of window and cornice trim
architectural building lighting, tile and brick and related improvements),
appeaFftflees; landscape, exterior architectural colors and texture of surface materials, aad
eMeAOF e6fiStMetWO, shape and bulk and other physical characteristics including location and
type of public utility facilities;_ a" if If it is found that the proposed precise, plan of design,
- including.the considerations herein enumerated would interfere ,with the orderly development in
the vicinity, of said precise plan area, or with the existing or proposed use thereof, such precise
plan of design shall be rejected or shall be so modified or conditioned before approvalas to
remove the said objections. -
.(Code 1960,' § 16502.04; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-230. Approval subject to. condition.
A precise plan of design may be approved subject to the granting of a change of zone, a conditional use
permit, a variance or the approval of a final subdivision map, and the planning commission or city.
council may require such a precise plan of design to'be submitted prior to the granting or recommending
of a zone change, variance or conditional use permit., In addition, conditions of approval may be ,
placed on the approval of a precise.plan to ensure compliance with the West Covina Municipal
Code and plans and exhibits submitted representing the precise plan of design.
(Code, 1960, § 10502.05; Ord. No. 1333, § .1 4-25-77)
Z:\City'Council\ORDINSBD\ca290.doc
ORDINANCE. NO.
AN ORDINANCE OF THE CITY COUNCIL OF .THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER .26. (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO PRECISE PLAN
FINDINGS PERTAINING TO APPROVED ARCHITECTURAL COLORS .,
AND MATERIALS (CODE AMENDMENT NO. 290).
WHEREAS, Code Amendment No. 290 is a City -initiated code amendment .related to
exterior architectural colors and materials for.projects requiring the approval of a precise plan,
ands
WHEREAS, Chapter 26 of the West Covina. Municipal Code (Zoning) should be amended
to provide more specific, provisions pertaining to the approval of building architectural materials
and colors as a part of a precise planto ensure the appropriateness of the design based on the site's
context in the physical setting; and,
WHEREAS, on June 8, 1999, °the Planning Commission held 'a study session related to
precise plan findings and conditions of approvaland
WHEREAS, the Planning Commission directed staff to draft Code Amendment No. 290 to .
enhance the City's ability to enforce the use and maintenance of specific architectural colors and
materials; and "
WHEREAS, the Planning Commission, upon giving the required notice, did on the 23rd
day of November, 199% conduct a duly advertised public hearing as prescribed bylaw, at which
time the Planning Commission adopted Resolution No. 11-99-4582, recommending to -the City
Council approval of Code Amendment No. 290; and..
WHEREAS, the City - Council considered evidence presented by the Planning
Commission, Planning Division, and other interested parties at a duly advertised public hearing
on the 4`h day of January; 2000; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:.
L Chapter 26 of.the West Covina Municipal Code (Zoning) should be amended to modify
the existing language regulating the approval of specific architectural colors and materials
for projects requiring a precise plan.
2 Modifications to the existing language are necessary to provide clarity in the City 's
ability toregulate new and modified building architectural colors and materials on
:projects requiring a precise plan.
NOW; THERFORE, the City Council .of the City of . West Covina, California,' does
hereby ordain as follows:
SECTION NO. 1: Based .on the evidence and the findings set forth, Code Amendment
No. 290- is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.. .
SECTION NO. 2: The proposed action. is considered to be exempt from the provisions of
the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the .CEQA
Guidelines, in that the. proposed action consists of a code amendment which does not have the
potential for causing a significant effect on the environment.
SECTION NO. 3: The City., Council of the City of West Covina hereby amends Chapter 26
of the. West` Covina Municipal Code as follows:
\\JUPITER\PLANDATA\City Council\ORDINSBD\ca290-clean.doc
r.
Ordinance No.
Code Amendment No. 290
Precise Plan* Findings And Conditions
January 4, 2000 - Page
CHAPTER 26., ZONING �7
Sec. 26228. Approval or rejection.
Any precise plan of design required by'.this division may be rejected, approved, modified and approved,
or approved subject to conditions.' Any such precise plan of design after approval, may be amended, in
in
the same manner as a precise plan of design is first approved hereunder, or as provided for in Section 26-
236.
(Code 1960, § 10502.03;Ord. No. 1333,§ 1, 4-25-77)-
Sec. 26-219. Approval or rejection considerations.
(a) In the approval or, rejection of a precise plan of design, consideration shall be given- and
restrictions shall be imposed to, the extent necessary, in view of the size and shape of the parcel
and the . resent and proposed zoning and use, of the subject property and the.surrounding
p
property, to permit the same degree of enjoyment of the subject property, but subject to the same
degree of protection of adjoining properties, as would be accorded in normal circumstances by
the standard restrictions.imposed by this chapter'. The, standard restrictions imposed in the
various zones by this chapter relating to the subjects mentioned in section 26-227 are intended as
.Minimum restrictions necessary in normal circumstances to prevent substantial depreciation of
property values in the vicinity, unreasonable. interference with the use and enjoyment of property
in the vicinity by the ,occupants ,thereof for lawful purposes and the protection of the -public'
peace, health, safety and general welfare; "Normal circumstances" are intended to refer to the
case of a permitted use upon a lot of a normal size and shape surrounded by property in the same
zone as the lot in question.
(b) If the proposed precise plan of design would, substantially depreciate�propeity values in the ,
vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by
the occupants thereof for"laWful purposes or would endanger the public peace, health safety or
general welfare, such plan shall be rejected or shall be so. modified.or conditioned before
adoption as to remove. said objections.
(c) In addition to the foregoing.grounds of rejection, the' planning commission and city ., council as -
the'casenlay be, may also consider and take into account -the exterior architectural design,
'in I cluding,,but not limited to one or more of the following: building massing and articulation,
architectural -detailing (through the use of window and cornice. trim, architectural building
lighting, tile and brick and related improvements), landscape, exterior architectural, colors'.and
texture of surface materials, shape and bulk and other physical characteristics including location
and'type of public utility facilities. 1- If it is found that the proposed precise plan of design,
rincluding the consideration's herein, enumerated would interfere with the orderly development in
the vicinity of said precise plan area, or with the existing .o I r proposed use thereof, such precise
plan of design shall be, rejected or shall be go modified or. conditioned before approval as to
remove the said objections'.
(Code 1960, § 10502.04; Ord. No. 1333, § 1, 4-25-77)
See. 26-230. Approval subject to condition.
A precise plan6f design may be approved subject to the'granting of a change of zon'&, acionditidnal use,
permit, a variance'or the approval of a final subdivision map,- and the, planning commission or city
council may require such a precise plan of design to be submitted prior to the 'granting or recommending
of a zone change; variance or conditional use permit. In addition, conditions of approval, may be placed -
on the approval 'of a precise plan to ensure compliance with the West Covina Municipal Code and,plans
and exhibits submitted representing the precise plan of design.
(Code 1960,, § 10502.05; Ord. No' 1333, § .1, 4-25-77)
\\JUP1TER\PLANDATA\City Council\ORDINSBD\ca290-clean.ddc.
r
TO:
FROM:
Planning Commission
Public Services Division
Planning Division
City of West Covina
Memorandum
AGENDA
ITEM NO. B-3
DATE November 23,1999
SUBJECT: CODE AMENDMENT NO.290
PRECISE PLAN FINDINGS AND CONDITIONS OF APPROVAL
PERTAINING TO APPROVED ARCHITECTURAL COLORS AND
MATERIALS.
SUMMARY: On June 8, 1999, the Planning Commission held a. study session on
precise plan findings and conditions of approval pertaining to the
approval and maintenance of architectural colors and materials. The
Planning Commission directed Staff to draft a code amendment to
further strengthen these provisions within the Municipal Code.
BACKGROUND
The City of West Covina currently regulates the exterior architectural colors and materials used in
the design of projects requiring the approval of a precise plan of design. Precise plans control the
physical development of properties, which addresses the site design and layout, as well as the
building architecture, landscaping and lighting. Over the years, the City has enforced compliance
with approved precise plans on a routine basis. However, the City has recently responded to a
situation relating to precise plan enforcement at a commercial establishment where the operator of
the business painted the roof and other architectural features with a color in sharp contrast with that
previously existing and with other development in the vicinity. Through the course of working
with the City Prosecutor, a legal interpretation was rendered indicating that the City could not
require the reversion to a particular color or even a color range due to the lack of specificity in the
precise plan approvals.
On June 8, 1999, the Planning Commission considered this subject in a study session at which time
staff was directed to prepare a code amendment that will enhance the City's ability to enforce the
use and maintenance of specific architectural colors ' and materials. This code amendment is
intended to provide more specificity within the findings of fact and/or as conditions of approval
regarding consideration to color and materials and maintenance of the approved combinations.
DISCUSSION
The existing provisions for the approval of a precise plan of design provide for the City's ability
to review and approve a project's architectural design, which includes the use of materials and
colors. This Code Amendment is intended to enhance certain portions of the existing Code to
improve the clarity and better define the authority for the regulation of exterior architectural
building colors and materials and to provide more specific direction and clarification on
conditions of approval to be placed on precise plans that will contribute to the City's ability to
enforce the construction and maintenance of a project in compliance with the approved plans,
colors and materials. The following code sections have been modified to accommodate the
above referenced objectives. In addition, discussion on conditions of approval has been included
to complete the circle needed to allow the City to enforce the approved colors and materials.
Sec. 26-228. Approval or rejection.
Any precise plan of design required by this division may be rejected, approved, modified and approved,
or approved subject to conditions. Any such precise plan of design after approval, may be amended, in
the same manner as a precise plan of design is first approved hereunder, or as discussed in Section 26-
236.
(Code 1960, § 10502.03; Ord. No. 1333, § 1, 4-25-77)'
Z:\PLANCOM\SFRPTSBD\ppfindingsrep.doc
Precise Plan Findings/Conditions
Page 2
November 23, 1999 .
Sec. 26-229. Approval or rejection considerations.
(a) In the approval or rejection of a precise plan of design, consideration shall be given and
restrictions shall be imposed to the extent necessary, in view of the size and shape of the parcel
and the present and proposed zoning and use of the subject property and the surrounding
property, to permit the same degree of enjoyment of the subject property, but subject to the same
degree of protection of adjoining properties, as would be accorded in normal circumstances by
the standard restrictions imposed by this chapter. The standard restrictions imposed in the
various zones by this chapter relating to the subjects mentioned in section 26-227 are intended as
minimum restrictions necessary in normal circumstances to prevent substantial depreciation of
property values in the vicinity, unreasonable interference with the use and enjoyment of property
in the vicinity by the occupants thereof for lawful purposes and the protection of the public
peace, health, safety and general welfare. "Normal circumstances" are intended to refer to the
case of a permitted use upon a lot of a normal size and shape surrounded by property in the same
zone as the lot in question.
(b) If the proposed precise plan of design would substantially depreciate property values in the
vicinity or would unreasonably. interfere with the use or enjoyment of property in the vicinity by
the occupants thereof for lawful purposes or would endanger the public peace, health, safety or
general welfare, such plan shall be rejected or shall be so modified or conditioned before
adoption as to remove said objections.
(c) In addition to the foregoing grounds of rejection, the planning commission and city council, as
the case may be, may also consider and take into account the exterior architectural design,
including, but not limited to one or more of the following: building massing_ and
articulation, architectural detailing (through the use of window and cornice trim,
architectural building lighting, tile and brick and related improvements)
apnea a Bess_ landscape, exterior architectural colors and texture of surface materials, a"
eeftStFueflea, shape and bulk and other physical characteristics including location and
type of public utility facilities;_ a" if If it is found that the proposed precise plan of design,
including the considerations herein enumerated would interfere with the orderly development in
the vicinity of said precise plan area, or with the existing or proposed use thereof, such precise
plan of design shall be rejected or shall be so modified or conditioned before approval as to
remove the said objections.
(Code 1960, § 10502.04; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-230. Approval subject to condition.
A precise plan of design may be approved subject to the granting of a change of zone, a conditional use
permit, a variance or the approval of a final subdivision map, and the planning commission or, city
council may require such a precise plan of design to be submitted prior to the granting or recommending
of a zone change, variance or conditional use permit. In addition, conditions of approval may be
placed on the approval of a precise plan to ensure compliance with the West Covina Municipal
Code and plans and exhibits submitted representing the precise plan of design.
(Code 1960, § 10502.05; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-236. Amendment to a precise plan.
(a) The planning commission may grant an amendment to the approved precise plan only after all
procedures as set forth for the original application are met except that the request for such
amendment may be in letter form in lieu of being placed on the official form of application for a
precise plan of design.
(b) The planning director may approve in writing on,the approved precise plan minor modifications
without the benefit of public hearing when such modifications do not change the general
character of the development, no adversely affect the public interest or the interest of owners
of neighboring properties or substantially alter the plan, and. so long as such modification would_
not affect any other condition of approval.
Z:\PLANCOM\SFRPTSBD\ppfindingsrep.doc
r
Precise Plan Findings/Conditions
Page 3
November 23, 1999
(Code 1960, § 10502.11; Ord. No. 1333, § 1, 4-25-77)
Since, the existing provisions of the Code pertaining to the approval of a precise plan of design
already reference exterior architectural colors and materials, the minor alterations to the code
addressed above make this requirement more specific.. In addition to the modified language
identified above, the element that will tie the Municipal Code to the individual precise plan
approvals is the inclusion of a specific condition(s) of approval on each of the precise plans as they
are considered by the Planning Commission. This will be accomplishedin two ways. First, by
requiring an applicant to label the building architectural elevations with the specific colors and
materials used in the design. Since the architectural building elevations are approved specifically as
an exhibit and will reference the specific colors and materials, this will provide definitive
identification of the approved colors and materials. Secondly, a standard condition of approval can
be added to the approval resolution clearly identifying the list of colors and materials. Sample
wording for such a condition of approval is as follows:
Comply with the approved exterior architectural colors and materials as identified on
Exhibit samples of which are identified on the color and material board submitted and
referenced as exhibit _. Any future modifications to approved architectural colors and
materials shall be subject to review. and approval by the Planning Director prior to
commencing modifications.
The proposed minor alterations to the existing language contained in the West Covina Municipal
Code, Sections 26-227, 26-229, 26-230, and 26-236, in conjunction with the inclusion of the
labeling of the exterior architectural colors and materials and the reference to the architectural
colors and materials board work together to enable the City ' to enforce the provision and .
maintenance of approved building colors.
RECOMMENDATION .
Staff recommends that the Planning Commission adopt a resolution recommending to the City
Council approval of Code Amendment No. 290. .
REVIEWED AND APPROVED BY:
f
DouP!Ier
McIsaac
City
Z:\PLANCONCSFRPTSBD\ppfindingsrep.doc
Senior
D. D4nlan, AICP
PLANNING COMMI S SION
RESOLUTION NO.11-99-4582
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, . CALIFORNIA, RECOMMENDING TO THE . CITY
COUNCIL APPROVAL OF CODE AMENDMENT NO. 290, AN
ORDINANCE AMENDING CHAPTER 26 OF THE WEST COVINA
MUNICIPAL CODE RELATED TO PRECISE PLAN FINDINGS.
WHEREAS, on June 8, 1999, staff presented a study session to the Planning Commission
to review the City's current regulations pertaining to regulating exterior architectural building
colors and materials for projects requiring the approval of a precise plan of design; and
WHEREAS, based on information provided at the study session, the Planning Commission
directed staff to draft a code amendment to revise the provisions regulating the content of precise
plans and thereby enhance the City's ability to regulate the exterior architectural building colors
and materials as well as other aspects oithe development; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 23rd
day of November, 1999, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to modify
the provisions for precise plans with respect to enhancing the City's ability to regulate the
exterior architectural building colors and materials; and
2. The City has recently experienced problems within the context of the existing Code
provisions for regulating exterior architectural building colors and materials, to control
changes made building exteriors without the benefit of City approvals; and
3. That certain modifications to the exterior of existing developments requiring the approval
of precise plans, made without regard to the architectural style of the building(s) or the
setting in which the development is located can have a detrimental affect on the built
environment; and
4. The proposed revisions to the Code will provide an increased ability to review and
approve the specific exterior building colors and materials and to ensure the maintenance
of the approved colors and materials and review authority over proposed changes to the
architectural details of the building(s); and
5. The proposed modifications to the existing provisions for precise plans are intended to
provide the City with a greater level of authority in regulating the design of developments
subject to a precise plan and to.. regulate modifications made to previously approved
projects; and
6.- The proposed modifications to the standards' for precise plans are enhanced by the
inclusion of conditions of approval on each of the specific precise plans directly
identifying the approved exterior architectural building colors and materials; and
7. .The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not
have the potential for causing a significant effect on the environment.
a
Planning Commission Resolutioo. 1 1-99-4582 •
Precise Plan Findings and Conditions of Approval Pertaining to Approved Architectural Colors and Materials
November 23, 1999
Page 2 of 5
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
West Covina as follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth," Code
Amendment No. 290 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.
SECTION NO.2: Based on the evidence presented and the findings set forth, the Planning
Commission of the City of West Covina hereby recommends to the City Council of the City of
West Covina that it approve Code Amendment No. 290 to amend Chapter 26 (Zoning) of the West
Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO.3: The Secretary is instructed to forward a copy of this Resolution to the
City Council for their attention in the manner as prescribed by law:
I HEREBY CERTIFY, thatAhe foregoing Resolution was adopted by the Planning
Commission of the City of West Covina, at a regular meeting held on the 23rd day of November,
1999, by the following vote:
AYES: Chairman Clayton, Commissioners Tafoya, and Warshaw.
NOES: None.
ABSENT: Commissioners Solinger, and Tarozzi.
DATE: November 23, 1999.
Philip L. Clayton, Chairman
Planning Commission
ZAPLANCOWRESOSWCA290, PPfindings.doc
"Planning Commission Resolutio0o. 11-99-4582 �.
Precise Plan Findings and Conditions of Approval Pertaining to Approved Architectural Colors and Materials
November 23, 1999
Page 3 of 5
EXHIBIT A
Precise Plan
Sec. 26-226. When required. (No Change)
(a) No person shall commence any use for which a conditional use permit is required or any use in
any zone not permitted by right in either the R-A or R-1 zone, and no building permit shall be
issued for any structure to be used for or in conjunction with any such use, until a precise plan of
design covering the parcel or parcels to be used shall be approved and adopted as herein
provided.
(b) Notwithstanding any provision of the Uniform Building Code, no grading permit shall be issued
for the grading or excavation of any land, until a precise plan of design, tentative tract map, or
tentative parcel map covering the property proposed to be graded or excavated has been
approved and adopted as herein provided. This paragraph (b) shall not apply to the grading or
excavation required in connectiop with:
(1") The construction of a swimming pool on property in the R-A or R-1 zone, or
(2) The movement of less than fifty (50) cubic yards of earth, or
(3) The grading of any parcel of property outside of the hillside overlay zone so as to
improve the land for emergency drainage purposes.
(Code 1960, § 10502.01; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-227. Contents. (No Change)
The precise plan of design required by this division shall specify and include:
(a) The location, size, height and type of all structures including signs, architectural lighting,
walls and fences.
(b) The location, size and dimensions of all yards and setbacks and all spaces be
structures.
(c) The plan of the proposed parking area for the development to which the parking is
accessory. The plan shall be drawn to an engineering scale of sufficient size to clearly
indicate the proposed development including location, size, shape, design, curb cuts,
lighting, drainage, paving, parking stalls, landscaping, and other features and
appurtenances of the proposed parking lot.
(d) The location, dimensions and method of improvement of all property to be dedicated to
the public or to public utilities.
(e) Examples of proposed architectural treatment in the form of perspectives and elevations,
proposed exterior building colors and materials, lighting, and such other data as may be
required by the planning commission or planning director in evaluating the proposed
development shall be required "and become an integral part of such a submittal.
, 1
(f) In MF-zones, O-P, N-C, C-2, C-3, S-C, R-C, M-P, PAR, O-S and P-B zones, or for any
use specifically permitted in said zones, or for any use for which a conditional use permit
is required: The general location, area and type of landscaping.
(g) General nature of the proposed use.
(Code 1960, § 10502.02; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1768, § 3, 2-22-88)
Sec. 26-228. Approval or rejection. (Proposed Changes)
Any precise plan of design required by this division may be rejected, approved, modified and approved,
or approved subject to conditions. Any such precise plan of design after approval, may be amended, in
the same manner as a precise plan of design is first approved hereunder, or as discussed in Section 26-
236.
(Code 1960, § 10502.03; Ord. No. 1333, § I, 4-25-77)
i
A,
ZAPLANCOWRESOSBI)TA290, PPfindings.doc .
Planning Commission Resolutio0o. 11-99-4582
Precise Plan Findings and Conditions of Approval Pertaining to Approved Architectural Colors and Materials
November 23, 1999
Page 4 of 5
Sec. 26-229. Approval or rejection considerations. (Proposed Changes)
(a) In the approval or rejection of a precise plan of design, consideration shall be given and
restrictions shall be imposed to the extent necessary, in view of the size and shape of the parcel
and the present and proposed zoning and use of the subject property and the surrounding
property, to permit the same degree of enjoyment of the subject property, but subject to the same
degree of protection of adjoining properties, as would be accorded in normal circumstances by
the standard restrictions imposed by this chapter. The standard restrictions imposed in the
various zones by this chapter relating to the subjects mentioned in section 26-227 are intended as
minimum restrictions necessary in normal circumstances to prevent substantial depreciation of
property values in the vicinity, unreasonable interference with the use and enjoyment of property
in the vicinity by the occupants thereof for lawful purposes and the protection of the public
peace, health, safety and general welfare. "Normal circumstances" are intended to refer to the
case of a permitted use upon a lot of a normal size and shape surrounded by property in the same
zone as the lot in question.
(b) If the proposed precise plan of design would substantially depreciate property values in the
vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by
the occupants thereof for lawful purposes or would endanger the public peace, health, safety or
general welfare, such plan shall be rejected or shall be so modified or conditioned before
adoption as to remove said objections.
(c) In addition to the foregoing grounds of rejection, the planning commission and city council, as
the case may be, may also consider and take into account the exterior architectural design,
including, but not limited to one or more of the following; building massing and
articulation, architectural detailing (through the use of window and cornice trim,
architectural building lighting, tile and brick and related improvements), geReffil exter-ief
appearaRees, landscape, exterior architectural colors and texture of surface materials, "d
, shape and bulk and other physical characteristics including location and
type of public utility facilities;_ a" it If it is found that the proposed precise plan of design,
including the considerations herein enumerated would interfere with the orderly development in
the vicinity of said precise plan area, or with,the existing or proposed use thereof, such precise
plan of design shall be rejected or shall be so modified or conditioned before approval as to
remove the said objections.
(Code 1960, § 10502.04; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-230. Approval subject to condition. (Proposed Changes)
A precise plan of design may be approved subject to the granting of a change of zone, a conditional use
permit, a variance or the approval of a final subdivision map, and the planning commission or city
council may require such a precise plan of design to be submitted prior to the granting or recommending
of a zone change, variance or conditional use permit. In addition, conditions of approval may be
placed on the approval of a precise plan to ensure compliance with the West Covina Municipal
Code and plans and exhibits submitted representing the precise plan of design.
(Code 1960, § 10562.05; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-231. Compliance required. (Proposed Changes)
No person shall violate or fail to comply with any approved precise plan of design or any conditions or
provisions thereof nor shall a building permit be issued for any structure which would violate or fail to
comply with any approved precise plan of design for.the parcel or parcels on which such structure is to
be located. In the event any such permit is issued, it shall be null and void'and have no further effect.
(Code 1960, § 10502.06; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-232. Continuance of existing plans. (No Changes)
Any precise plan previously approved and in effect, shall remain in effect regardless of any changes to
-zoning regulations subsequently adopted unless the precise plans are made null and void or amended at
the time 'of adoption:
(Code 1960, § 10502.07; Ord. No. 1333, § 1, 4-25-77)
ZAPLANC0M\RES0SBD\CA290, Miindings.doc .
'i.
Planning Commission Resolution. 1 1-99-4582
Precise Plan Findings and Conditions of Approval Pertaining to Approved Architectural Colors and Materials
November 23, 1999
Page 5 of 5
Sec. 26-233. Distinction from other precise plans. (No Changes)
The precise plans of design referred to herein are not to be confused with or considered to be precise
plans as referred to in the Government Code of the state.
(Code 1960, § 10502.08; Ord. No. 1333, § 1, 4-25-77).
Sec. 26-234. Street frontage requirements. (No Changes)
No building or other structure to be used for any business or commercial purpose shall hereafter be
erected unless the frontage of the lot, or parcel of land upon which such building or structure is erected,
abuts on one side of a public street between two (2) intersecting streets and unless the front of such
building or structure shall abut on and face such public street; provided, however, that, when practical
difficulties or unnecessary hardships result through the strict and literal interpretation and enforcement of
the provisions hereof, the planning commission or city council may, upon the adoption of a precise plan
of design for the development of a particular lot or parcel of land and upon such conditions as it may
establish, expressly vary or waive the requirements of this section..
i
(Code 1960, § 10502.09; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-235. Failure to utilize a precise plan. (No Changes)
(a) Failure to utilize a precise plan within one year of its effective date (unless extended by action of
the planning commission) will automatically void such precise plan. In the event construction
work is involved, such work must actually commence within the stated period and be diligently
pursued. If the city planning director should find that there has been no construction of ,
substantial character taken or if such construction should lapse for more than six (6) months, the
precise plan shall be void.
(b) Extension of time in one-year increments, up to a maximum of three (3) years, may be granted
from the date of expiration of the precise plan by the planning commission when extenuating
circumstances can be clearly shown by the applicant. The request for same shall be'submitted to
the planning commission in writing prior to the expiration date and shall clearly state the reasons
why construction has not commenced or been continued. The planning commission may impose
new conditions on the precise plan, based on changed circumstances, code amendments or
oversights disclosed in review of the plan.
(c) Precise plans approved in conjunction with subdivision maps shall expire on the same expiration
.date as the map. Approval of a time extension for such maps shall constitute the approval of a
time extension of the precise plan., which was filed in conjunction with it. Upon approval of time
extension for a subdivision map, the planning commission may impose new conditions on the
precise plan, based on changed circumstances, code amendments or oversights disclosed in
review of the plan. Should a final subdivision map be recorded prior to the implementation of
the precise plan, the provisions of Paragraph (b) of this section shall apply, provided that no
extensions shall be granted to beyond four (4) years of the approval date of the precise plan.
(Code 1960, § 10502.10; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1569, § 1, 12-13-82)
Sec. 26-236. Amendment to a precise plan. (Proposed Changes)
(a) The planning commission may grant an amendment to the approved precise plan only after all
procedures as set forth for the original application are met.except that the request for such
amendment may be in letter form in lieu of being placed on the official form of application for a
precise plan of design.
(b) The planning director may approve in writing on the approved precise plan minor modifications
without the benefit of public hearing when such modifications do not change the general
character of the development, nor adversely affect the public interest or the interest of owners
of neighboring properties or substantially alter the plan, and so long as such modification would
not affect any other condition of approval.
(Code 1960, § 10502.1 l; Ord. No. 1333, § 1, 4-25-77)
ZAPLANCOM\RES00MCA290, PPfindings.doc
TO:
FROM:
File
J. Berry
SUBJECT: Proof of Publication
DATE: January 4, 2000
Hearing Item No. A-1 (Code Amendment No. 290)
F'RIDAY, DECEM88R 24, 1999
I NOTICE OF PUBLIC HEARING
PURSUANT" TO THE LAW .AND IN
CONFORMANCE WITH THE MUNICIPAL
'CODE YOU ARE HEREBY NOTIFIED OF A'
(PUBLIC HEARING OF:THE WEST COVINA
CITY COUNCIL.
CODE AMENDMENT NO. 290
CATEGORICAL EXEMPTION
APPLICANT: City of West Covina ,
LOCATION: Citywide ;
SUMMARY: , The proposed code amendment
consists of certain
amendments to "Chapter 26
(Zoning) of the West Covina
Municipal Code related to z
revising and establishing new
findings and conditions of
approval on precise plans
relating to, the. 'exterior
architectural colors and
materials for developments "
within the City of West Covina.
Pursuant to the requirements of the California
Environmental Quality -Act (CEQA) of 1970,
this proiect is a Categorical Exemption, Class
8 (Section 15308:. Actions of regulatory
agencies, for the protection of the
environment), since the City •proposes to adopt
new, standards pertaining to the exterior
:architectural design of commercial and
multiple -family developments (and other uses
that may require a precise plan of design)
within. the City . of West Covina. No
Environmental Impact Report or Negative
Declaration is required to be filed.
If you wish to challenge the action(s) taken on
the request(s), you may be limited to raising
only those issues which you (or someone else)
raised orally at this public hearing or in
written correspondence received by the City at I
orbefore,the hearing. I
THE PUBLIC HEARING WILL BEHELD: I
PLACE: ` , West Covina City Hall
1444 W. Garvey Avenue South t
City Council Chambers
Level One
DATE: January 4, 2006 "
TIME: 7:30 P.M.
If you have any questions, we urge you to
contact Brad Dunlap at (626) 814-8422 or Room
208" at City Hall...
Only through citizen participation can
Your government build a better -City
BY: ORDER OF THE
CITY COUNCIL OF=THE
CITY OF WEST COVINA
Publish: December 24, 1999
San Gabriel.VaIIPV Trihnno AA M. Cocoa•
1444 West Garvey Avenue So. • P.O.Box 1440 • West Covina • CA 91793 • Phone (626) 814-8400
XNOTICE OF PUBLIC HEARING
PURSUANT TO THE LAW AND IN CONFORMANCE WITH THE MUNICIPAL CODE YOU ARE
HEREBY NOTIFIED OF A PUBLIC HEARING OF THE WEST COVINA CITY COUNCIL.
CODE AMENDMENT NO.290
CATEGORICAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
SUMMARY: The proposed code amendment consists of certain amendments to Chapter 26
(Zoning) of the West Covina Municipal Code related to revising and establishing
new findings and conditions' of approval on precise plans relating to the exterior
architectural colors and materials for developments within the City of West
Covina.
Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, this project is a
Categorical Exemption, Class 8 (Section 15308: Actions of regulatory agencies for the protection of the
environment), since the City proposes to adopt new standards pertaining to the exterior architectural design of
commercial and multiple -family developments (and other uses that may require a precise plan of design)
within the City of West Covina. No Environmental Impact Report or Negative Declaration is required to be
filed.
If you wish to challenge the action(s) taken on the request(s), you may be limited to raising only those issues
which you (or someone else) raised orally at this public hearing or in written correspondence received by the
City at or before the hearing.
THE PUBLIC HEARING WILL BE HELD:
PLACE: West Covina City Hall
1444 West Garvey Avenue South
City Council Chambers - Level One
DATE: January, 4, 2000
TIME: 7:30 p.m.
If you have any questions, we urge you to contact Brad Dunlap at (626) 814-8422 or Room 208, at City Hall.
Only through citizen participation can your government build a better City.
Date Published: December 24, 1999 BY ORDER OF THE
CITY COUNCIL OF THE
CITY OF WEST COVINA
\\JUPITER\PLANDATA\PLANCOM\NOPHBD\nophppfindingscc. doc